Statement of Organization, Functions, and Delegations of Authority, 20147-20152 [05-7612]
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20147
Federal Register / Vol. 70, No. 73 / Monday, April 18, 2005 / Notices
Number of
respondents
Form
Responses
per
respondent
Hours per
response
Total burden
hours
Recertification ..................................................................................................
100
1
15
1,500
Total ..........................................................................................................
140
........................
........................
5,500
Send comments to Susan G. Queen,
Ph.D., HRSA Reports Clearance Officer,
Room 10–33, Parklawn Building, 5600
Fishers Lane, Rockville, MD 20857.
Written comments should be received
within 60 days of this notice.
Dated: April 12, 2005.
Tina M. Cheatham,
Director, Division of Policy Review and
Coordination.
[FR Doc. 05–7725 Filed 4–15–05; 8:45 am]
BILLING CODE 4165–15–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Office of Inspector General
Statement of Organization, Functions,
and Delegations of Authority
This notice amends Part A (Office of
the Secretary) of the Statement of
Organization, Functions, and
Delegations of Authority for the
Department of Health and Human
Services (HHS) to reflect a realignment
of functions and responsibilities within
the Office of Inspector General (OIG).
The statement of organization,
functions, and delegations of authority
conforms to and carries out the statutory
requirements for operating OIG. Chapter
AF was last published in its entirety on
July 2, 2004.
The realignment of functions and
responsibilities within OIG has been
done to allow greater staff flexibility and
to better reflect the current work
environment and priorities within the
organization. In addition, this notice
sets forth a number of technical changes
in Chapter AF that serve to update
references to office titles and statutory
authorities.
As amended, Chapter AF now reads
as follows:
Section AF.00, Office of Inspector
General—Mission
The Office of Inspector General (OIG)
was established by law as an
independent and objective oversight
unit of the Department to carry out the
mission of promoting economy,
efficiency and effectiveness through the
elimination of waste, abuse and fraud.
In furtherance of this mission, the
organization:
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A. Conducts and supervises audits,
investigations, inspections and
evaluations relating to HHS programs
and operations.
B. Identifies systemic weaknesses
giving rise to opportunities for fraud
and abuse in HHS programs and
operations and makes recommendations
to prevent their recurrence.
C. Leads and coordinates activities to
prevent and detect fraud and abuse in
HHS programs and operations.
D. Detects wrongdoers and abusers of
HHS programs and beneficiaries so
appropriate remedies may be brought to
bear.
E. Keeps the Secretary and the
Congress fully and currently informed
about problems and deficiencies in the
administration of HHS programs and
operations and about the need for and
progress of corrective action, including
imposing sanctions against providers of
health care under Medicare and
Medicaid who commit certain
prohibited acts.
In support of its mission, OIG carries
out and maintains an internal quality
assurance system and a peer review
system with other Offices of Inspectors
General, including periodic quality
assessment studies and quality control
reviews, to provide reasonable
assurance that applicable laws,
regulations, policies, procedures,
standards, and other requirements are
followed, are effective, and are
functioning as intended in OIG
operations.
Section AF.10, Office of Inspector
General—Organization
There is at the head of OIG a statutory
Inspector General, appointed by the
President and confirmed by the Senate.
This office consists of six organizational
units:
A. Immediate Office of the Inspector
General (AFA)
B. Office of Management and Policy
(AFC)
C. Office of Evaluation and Inspections
(AFE)
D. Office of Counsel to the Inspector
General (AFG)
E. Office of Audit Services (AFH)
F. Office of Investigations (AFJ)
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Section AF.20, Office of Inspector
General—Functions
The component sections that follow
describe the specific functions of the
organization.
Section AFA.00, Immediate Office of
the Inspector General—Mission
The Immediate Office of the Inspector
General (IOIG) is directly responsible for
meeting the statutory mission of OIG as
a whole and for promoting effective OIG
internal quality assurance systems,
including quality assessment studies
and quality control reviews of OIG
processes and products. The office also
plans, conducts and participates in a
variety of interagency cooperative
projects and undertakings relating to
fraud and abuse with the Department of
Justice (DOJ), the Centers for Medicare
& Medicaid Services (CMS) and other
governmental agencies, and is
responsible for the reporting and
legislative and regulatory review
functions required by the Inspector
General Act.
Section AFA.10, Immediate Office of
the Inspector General—Organization
IOIG is comprised of the Inspector
General, the Principal Deputy Inspector
General and an immediate office staff,
including the Office of External Affairs.
Section AFA.20, Immediate Office of
the Inspector General—Functions
As the senior official of the
organization, the Inspector General
supervises the Chief Counsel to the
Inspector General and the Deputy
Inspectors General, who head the major
OIG components. The Inspector General
is appointed by the President, with the
advice and consent of the Senate, and
reports to and is under the general
supervision of the Secretary or, to the
extent such authority is delegated, the
Deputy Secretary, but does not report to
and is not subject to supervision by any
other officer in the Department. In
keeping with the independence
conferred by the Inspector General Act,
the Inspector General assumes and
exercises, through line management, all
functional authorities related to the
administration and management of OIG
and all mission-related authorities
stated or implied in the law or delegated
directly from the Secretary.
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The Inspector General provides
executive leadership to the organization
and exercises general supervision over
the personnel and functions of its major
components. The Inspector General
determines the budget needs of OIG,
sets OIG policies and priorities, oversees
OIG operations and provides reports to
the Secretary and the Congress. By
statute, the Inspector General exercises
general personnel authority, e.g.,
selection, promotion, and assignment of
employees, including members of the
senior executive service. The Inspector
General delegates related authorities as
appropriate.
The Principal Deputy Inspector
General assists the Inspector General in
the management of OIG, and during the
absence of the Inspector General, acts as
the Inspector General.
The Office of External Affairs is
comprised of three components—Public
Affairs, Legislative and Regulatory
Affairs, and the Executive Secretariat.
The office conducts and coordinates
reviews of existing and proposed
legislation and regulations related to
HHS programs and operations to
identify their impact on economy and
efficiency and their potential for fraud
and abuse. It serves as the contact for
the press and electronic media and
serves as OIG congressional liaison. The
office prepares or coordinates
congressional testimony and confers
with officials in the Office of the
Secretary staff divisions on
congressional relations, legislation and
public affairs. The office coordinates the
distribution of all legislativelymandated reports to the Congress. It
develops and publishes OIG newsletters
and other issuances to announce and
promote OIG activities and
accomplishments. The office has
primary responsibility for developing
and promulgating all OIG regulations for
codification into the Code of Federal
Regulations, and for preparing all OIG
related notices and other documents for
Federal Register publication. The office
also serves as OIG liaison to the Office
of the Secretary for Freedom of
Information and Privacy Act requests.
Section AFC.00, Office of Management
and Policy—Mission
The Office of Management and Policy
(OMP) provides mission support
services to the Inspector General and
other components. The office formulates
and executes the budget, develops
functional policies for the general
management of OIG, and manages
information technology resources.
In support of its mission, the office
carries out and maintains an internal
quality assurance system. The system
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includes quality control reviews of OMP
processes and products to ensure that
policies and procedures are followed
effectively and function as intended.
Section AFC.10, Office of Management
and Policy—Organization
The office is directed by the Deputy
Inspector General for Management and
Policy and the Assistant Inspector
General for Information Technology.
The office is comprised of the following
components:
A. Budget Operations
B. Information Technology
C. Policy, Planning and Performance
Section AFC.20, Office of Management
and Policy—Functions
A. Budget Operations
The office formulates and oversees the
execution of the budget and confers
with the Office of the Secretary, the
Office of Management and Budget, and
the Congress on budget issues. It issues
quarterly grants to States for Medicaid
Fraud Control Units.
B. Information Technology
The office is responsible for
information resources management
(IRM), as defined by the Paperwork
Reduction Act, OMB Circular A–130,
the Federal Information Resources
Management regulations, the Computer
Security Act of 1987, the Clinger-Cohen
Act, the Federal Information Security
Management Act of 2002, HHS IRM
Circulars, and by related guidance. The
office also provides nationwide
information technology support to OIG
through management of its local area
networks, provision of computer enduser and direct mission information
technology (IT) support, maintenance of
OIG information systems, and
safeguarding sensitive information and
IT resources. The Assistant Inspector
General for Information Technology,
who reports to the Inspector General
through the Deputy Inspector General
for Management and Policy, serves as
Chief Information Officer.
waste and abuse. The office also
conducts management studies and
analyzes and establishes and
coordinates general management
policies for OIG and publishes those
policies in the OIG Administrative
Manual. It serves as OIG liaison to the
Office of the Secretary for personnel
issues and other administrative policies
and practices, and on equal employment
opportunity and other civil rights
matters. It coordinates internal control
reviews for OIG.
Section AFE.00, Office of Evaluation
and Inspections—Mission
The Office of Evaluation and
Inspections (OEI) is responsible for
conducting a comprehensive set of indepth evaluations of HHS programs,
operations and processes to identify
vulnerabilities, to prevent and detect
fraud, waste and abuse, and to promote
efficiency and effectiveness in HHS
programs and operations.
Section AFE.10, Office of Evaluation
and Inspections—Organization
This office is comprised of the
following components:
A. Immediate Office
B. Policy and Oversight Division
C. Program Evaluations Division
D. Regional Operations
E. Technical Support Staff
Section AFE.20, Office of Evaluation
and Inspections—Functions
A. Immediate Office of the Deputy
Inspector General for OEI
This office is directed by the Deputy
Inspector General for OEI who, with the
assistance of an Assistant Inspector
General, is responsible for carrying out
OIG’s evaluations mission and
supervises the Directors for Policy and
Oversight, Program Evaluations,
Regional Operations, and Technical
Support. This office is also responsible
for the oversight of the State Medicaid
Fraud Control Units and for certifying
and recertifying these units and for
auditing their Federal funding.
C. Policy, Planning and Performance
B. Policy and Oversight
This office coordinates the
development of the work planning
process, including strategic long-range
planning, tactical planning and the
annual work plan coordination and
production. It compiles the Office of
Inspector General Semiannual Report to
the Congress. It is responsible for
overseeing emergency operations and
national security classification policy,
and for coordinating updates of the Red
Book, which addresses unimplemented
OIG recommendations to reduce fraud,
This office develops OEI’s evaluation
and inspection policies, procedures and
standards. It manages OEI’s human and
financial resources; develops and
monitors OEI’s management information
systems; and conducts management
reviews within the HHS/OIG and for
other OIGs upon request. The office
carries out and maintains an internal
quality assurance system. The system
includes quality assessment studies and
quality control reviews of OEI processes
and products to ensure that policies and
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procedures are effective, followed, and
functioning as intended.
C. Program Evaluations
This office manages OEI’s work
planning process, and develops and
reviews legislative, regulatory and
program proposals to reduce
vulnerabilities to fraud, waste and
mismanagement. It develops evaluation
techniques and coordinates projects
with other OIG and Departmental
components. It provides programmatic
expertise and information on new
programs, procedures, regulations and
statutes to OEI regional offices. It
maintains liaison with other
components in the Department, follows
up on implementation of corrective
action recommendations, evaluates the
actions taken to resolve problems and
vulnerabilities identified, and provides
additional data or corrective action
options, where appropriate.
D. Regional Operations
This office is responsible for OEI’s
mission in the field. The regional offices
conduct extensive evaluations of HHS
programs and produce the results in
inspection reports. They conduct data
and trend analyses of major HHS
initiatives to determine the effects of
current policies and practices on
program efficiency and effectiveness.
They recommend changes in program
policies, regulations and laws to
improve efficiency and effectiveness,
and to prevent fraud, abuse, waste and
mismanagement. They analyze existing
policies to evaluate options for future
policy, regulatory and legislative
improvement.
E. Technical Support
This office provides statistical and
database advice and services for
inspections conducted by the regional
offices. It carries out analyses of large
databases to identify potential areas of
fraud and abuse and provides technical
assistance to the regional offices for
these purposes.
Section AFG.00, Office of Counsel to the
Inspector General—Mission
The Office of Counsel to the Inspector
General (OCIG) is responsible for
providing all legal services and advice
to the Inspector General, Principal
Deputy Inspector General and all the
subordinate components of the Office of
Inspector General, in connection with
OIG operations and administration, OIG
fraud and abuse enforcement and
compliance activities, and OIG activities
designed to promote efficiency and
economy in the Department’s programs
and operations. OCIG is also responsible
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for proposing and litigating civil money
penalty (CMP) and program exclusion
cases within the jurisdiction of OIG, for
coordinating False Claims Act and
criminal, civil and administrative fraud
and abuse law enforcement matters, and
for resolving voluntary disclosure cases.
OCIG develops guidance to assist
providers in establishing compliance
programs; monitors ongoing compliance
of providers subject to integrity
agreements; and promotes industry
awareness through the issuance of
advisory opinions, fraud alerts, and
special advisory bulletins.
Section AFG.10, Office of Counsel to the
Inspector General—Organization
The office is directed by the Chief
Counsel to the Inspector General and
the Assistant Inspector General for Legal
Affairs. The office is comprised of the
following components:
A. Advice
B. Administrative and Civil Remedies
C. Industry Guidance
Section AFG.20, Office of Counsel to the
Inspector General—Functions
A. Advice
This office provides legal advice to
the various components of OIG on
issues that arise in the exercise of OIG’s
responsibilities under the Inspector
General Act of 1978. Such issues
include the scope and exercise of the
Inspector General’s authorities and
responsibilities; investigative
techniques and procedures (including
criminal procedure); the sufficiency and
impact of legislative proposals affecting
OIG; and the conduct and resolution of
investigations, audits and inspections.
The office evaluates the legal sufficiency
of OIG recommendations and develops
formal legal opinions to support these
recommendations. When appropriate,
the office coordinates formal legal
opinions with the HHS Office of the
General Counsel. The office provides
legal advice on OIG internal
administration and operations,
including appropriations, delegations of
authority, OIG regulations, personnel
matters, the disclosure of information
under the Freedom of Information Act,
and the safeguarding of information
under the Privacy Act. The office
provides advice and guidance on
Government ethics and assists the Chief
Counsel in his/her role as OIG’s Deputy
Ethics Officer. The office is responsible
for conducting and coordinating
litigation activities on personnel and
Equal Employment Opportunity matters
and Federal tort actions involving OIG
employees. The office is responsible for
the clearance and enforcement of
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subpoenas issued by OIG, and defends
OIG in litigation matters as necessary.
B. Administrative and Civil Remedies
1. This office is responsible for
determining whether to propose or
implement administrative sanctions,
including CMPs within the jurisdiction
of OIG, assessments, and program
exclusions. The office, in conjunction
with the Office of Investigations (OI),
effectuates all mandatory and
permissive exclusions from
participation in Federal health care
programs under the Social Security Act;
decides on all requests for reinstatement
from, or waiver of, exclusions; and
participates in developing standards
governing the imposition of these
exclusion authorities. The office
litigates appeals of program exclusions
before the Departmental Appeals Board
and assists DOJ in handling any
subsequent appeals of such cases to the
Federal courts.
2. The office reviews all cases referred
by CMS under the patient anti-dumping
authority of the Social Security Act and,
where appropriate, proposes and
litigates CMPs with respect to hospitals,
and CMPs and program exclusions with
respect to physicians, for violations of
the patient anti-dumping statute.
3. The office proposes and litigates
CMPs, assessments and program
exclusions under the CMP law and
other CMP authorities delegated to OIG.
4. In coordination with DOJ, the office
handles all False Claims Act cases,
including qui tam cases, and is
responsible for final sign-off on False
Claims Act settlements for the
Department, including the resolution of
the CMP and program exclusion
authorities that have been delegated to
OIG. It participates in settlement
negotiations and provides litigation
support. The office, in conjunction with
OI, coordinates resolution of all
voluntary disclosure cases, both under
the OIG Self-Disclosure Protocol and
otherwise, through: liaison activities
with DOJ and U.S. Attorneys offices; the
disclosure verification efforts of the
Office of Audit Services (OAS) and OI;
and final disposition and sign-off of the
matter. The office is responsible for
developing and maintaining a
comprehensive and coordinated
database on all settled and pending
False Claims Act, CMP, and exclusion
cases under its authority.
5. The office also develops and
monitors corporate and provider
integrity programs adopted as part of
settlement agreements, conducts on-site
reviews, and develops audit and
investigative review standards for
monitoring such plans in cooperation
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with other OIG components. The office
resolves breaches of integrity
agreements through the development of
corrective action plans and through the
imposition of sanctions.
C. Industry Guidance
This office is responsible for drafting
and issuing advisory opinions to the
health care industry and members of the
public on whether an activity (or
proposed activity) would constitute
grounds for the imposition of a sanction
under the anti-kickback statute, the
CMP law or the program exclusion
authorities, and on other issues
pertaining to the anti-kickback statute.
The office develops and updates
procedures for the submission of
requests for advisory opinions and for
determining the fees that will be
imposed. The office solicits and
responds to proposals for new
regulatory safe harbors to the antikickback statute, modifications to
existing safe harbors, and new fraud
alerts. The office consults with DOJ on
all proposed advisory opinions and safe
harbors before issuance or publication.
The office provides legal advice to the
various components of OIG, other
offices of the Department, and DOJ
concerning matters involving the
interpretation of the anti-kickback
statute and other legal authorities, and
assists those components or offices in
analyzing the applicability of the antikickback statute to various practices or
activities under review.
Section AFH.00, Office of Audit
Services—Mission
The Office of Audit Services (OAS)
provides policy direction for and
conducts and oversees comprehensive
audits of HHS programs, operations,
grantees and contractors, following
generally accepted government auditing
standards (GAGAS), the Single Audit
Act of 1984, applicable Office of
Management and Budget (OMB)
circulars and other legal, regulatory and
administrative requirements. This
includes investigative audit work
performed in conjunction with other
OIG components. The office maintains
an internal quality assurance system,
including periodic quality assessment
studies and quality control reviews, to
provide reasonable assurance that
applicable laws, regulations, policies,
procedures, standards and other
requirements are followed in all audit
activities performed for, or on behalf of,
the Department. In furtherance of this
mission, the organization engages in a
number of activities:
A. The office coordinates and confers
with officials of the central Federal
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management agencies (OMB, the
Government Accountability Office
(GAO), the Office of Personnel
Management (OPM) and the Department
of the Treasury) on audit matters
involving HHS programs and
operations. It provides technical
assistance to Federal, State and local
investigative offices on matters
involving HHS programs and
operations. It participates in interagency
efforts implementing OMB Circular 133,
which calls for use of the single audit
concept for most external audits, as well
as reviews the quality of those audits as
they pertain to HHS oversight
responsibilities. It performs audits of
activities administered by other Federal
departments, following the system of
audit cognizance administered by OMB.
It participates in the President’s Council
on Integrity and Efficiency (PCIE)
initiatives and other governmentwide
projects; works with other OIG
components on special assignments and
projects; and responds to congressional
oversight interests related to audit
matters in the Department.
B. The office provides comprehensive
audit services to HHS operating
divisions (OPDIVs) and the Office of the
Secretary staff divisions (STAFFDIVs) in
their development of program policies
and management of grants and
procurement and in their establishment
of indirect cost rates. The office also
performs pre-award audits of grant or
contract proposals to determine the
financial capability of the grantees or
contractors and conducts post-award
audits.
C. The office reviews legislative,
regulatory and policy proposals for
audit implications. It recommends
improvements in the accountability and
integrity features of legislation,
regulations and policy. It prepares
reports of audits and special studies for
the Secretary, heads of HHS OPDIVs,
regional directors and others. It gathers
data on unresolved audit findings for
the statutorily required semiannual
reports to the Congress and reconciles
resolution data with the Department
OPDIVs as required by the Inspector
General Act of 1978, as amended by
Inspector General Act Amendments of
1988 (Public Law 100–504). It conducts
follow-up examinations and special
analyses of actions taken on previously
reported audit findings and
recommendations to ensure
completeness and propriety. The office
provides input to the Office of Inspector
General Semiannual Report to the
Congress and produces summaries for
both (1) the Orange Book—a summary of
unimplemented program and
management improvements
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recommended—and (2) the Red Book—
a summary of significant monetary
recommendations not yet implemented.
D. The office serves as the focal point
for all financial management audit
activity within the Department and acts
as the primary liaison between the OIG
and Departmental management. It also
provides overall leadership and
direction in carrying out the
responsibilities mandated under the
Chief Financial Officers Act relating to
financial statement audits.
Section AFH.10, Office of Audit
Services—Organization
The office is comprised of the
following components:
A. Immediate Office
B. Financial Management and Regional
Operations
C. Centers for Medicare and Medicaid
Services Audits
D. Grants and Internal Activities Audits
E. Audit Management, Policy, and
Information Technology Audits
Section AFH.20, Office of Audit
Services—Functions
A. Immediate Office of the Deputy
Inspector General for Audit Services
This office is directed by the Deputy
Inspector General for Audit Services
who carries out the functions designated
in the law (section 3(d)(1) of the
Inspector General Act) for the position,
Assistant Inspector General for
Auditing. The Deputy Inspector General
for Audit Services is responsible to the
Inspector General for carrying out OIG’s
audit mission and supervises the
Assistant Inspectors General heading
OAS offices described below.
B. Financial Management and Regional
Operations
This office is directed by the Assistant
Inspector General for Financial
Management and Regional Operations.
In addition to directing this office, the
Assistant Inspector General supervises
the eight Regional Inspectors General for
Audit Services. The office’s principal
functions include the direct-line
responsibility for audits of financial
statements and financial statementrelated audits, including internal audits
of functional areas within the
Department, and directing field audit
operations.
1. The office serves as the focal point
for all financial statement and financial
statement-related audit activity within
the Department and serves as the
primary liaison between OIG and
departmental management with respect
to those audits.
2. The office provides oversight for
audits of governments, universities and
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nonprofit organizations conducted by
nonfederal auditors (external audit
resources) and those under contract
with OIG.
3. The office maintains an internal
quality assurance system that provides
reasonable assurance that applicable
laws, regulations, policies, procedures,
standards and other requirements are
followed in all financial management
audit activities performed by the office,
or on behalf of the Department.
C. Centers for Medicare and Medicaid
Services Audits
This office is directed by the Assistant
Inspector General for Centers for
Medicare and Medicaid Services Audits.
The office conducts audits of CMS
program operations and oversees
nationwide the audits of the Medicare
and Medicaid programs, their
contractors, and providers of services
and products. It maintains an internal
quality assurance system to provide
reasonable assurance that applicable
laws, regulations, policies, procedures,
standards and other requirements are
followed in all CMS audit activities
performed by, or on behalf of, the
Department.
D. Grants and Internal Activities Audits
This office is directed by the Assistant
Inspector General for Grants and
Internal Activities Audits. The office
conducts and oversees audits of the
operations and programs of the
Administration for Children and
Families, the Administration on Aging,
and the Public Health programs, as well
as Statewide cost allocation plans. It
maintains an internal quality assurance
system, including periodic quality
control reviews, to provide reasonable
assurance that applicable laws,
regulations, policies, procedures,
standards and other requirements are
followed in its audit activities.
E. Audit Management, Policy, and
Information Technology Audits
This office is directed by the Assistant
Inspector General for Audit
Management and Policy. The office
manages the human and financial
resources of OAS, including developing
staffing allocation plans and issuing
policy for, coordinating and monitoring
all budget, staffing, recruiting, and
training activities of the office. It
maintains a professional development
program for office staff, which meets the
requirements of Government auditing
standards. The office evaluates audit
work, including performing quality
control reviews of audit reports, and
coordinates the development of and
monitors audit work plans. It operates
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and maintains an OAS-wide quality
assurance program that includes the
conduct of periodic quality control
reviews. It develops audit policy,
procedures, standards, criteria and
instructions to be followed by OAS staff
in conducting audits of departmental
programs, grants, contracts or
operations. Such policy is developed in
accordance with GAGAS and other
legal, regulatory and administrative
requirements. The office tracks,
monitors and reports on audit resolution
and follow-up in accordance with OMB
Circular A–50, ‘‘Audit Follow-up,’’ and
the 1988 Inspector General Act
Amendments. The office coordinates
with other OIG divisions in developing
input to the Office of Inspector General
Annual Work Plan, to the Office of
Inspector General’s Orange and Red
Books, and to the Office of Inspector
General Semiannual Report to the
Congress. The office reviews the design,
development and maintenance of
Department computer-based systems
through the conduct of comprehensive
audits of general and application
controls in accordance with GAO’s
Federal Information System Controls
Audit Manual and develops and applies
advanced computer-based audit
techniques for use in detecting fraud,
waste and abuse in HHS programs.
Section AFJ.00, Office of
Investigations—Mission
The Office of Investigations (OI) is
responsible for conducting and
coordinating investigative activities
related to fraud, waste, abuse and
mismanagement in HHS programs and
operations, including wrongdoing by
applicants, grantees, and contractors, or
by HHS employees in the performance
of their official duties. It serves as OIG
liaison to DOJ on all matters relating to
investigations of HHS programs and
personnel, and reports to the Attorney
General when OIG has reasonable
grounds to believe Federal criminal law
has been violated. The office serves as
a liaison to CMS, State licensing boards,
and other outside organizations and
entities with regard to exclusion,
compliance and enforcement activities.
It works with other investigative
agencies and organizations on special
projects and assignments. In support of
its mission, the office carries out and
maintains an internal quality assurance
system. The system includes quality
assessment studies and quality control
reviews of OI processes and products to
ensure that policies and procedures are
followed effectively, and are functioning
as intended.
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Section AFJ.10, Office of
Investigations—Organization
This office is comprised of the
following components:
A. Immediate Office
B. Investigative Operations
C. Investigative Oversight and Support
Section AFJ.20, Office of
Investigations—Functions
A. Immediate Office of the Deputy
Inspector General for Investigations
This office is directed by the Deputy
Inspector General for Investigations
(DIGI), who is responsible for the
functions designated in the law for the
position Assistant Inspector General for
Investigations. The DIGI supervises the
Assistant Inspector General for
Investigative Operations and the
Assistant Inspector General for
Investigative Oversight and Support,
who head the offices described below.
The DIGI is responsible to the
Inspector General for carrying out the
investigative mission of OIG and for
leading and providing general
supervision to the OIG investigative
component. The Immediate Office
provides broad guidance and instruction
to staff and serves as the focal point for
interaction within OIG. The Immediate
Office handles all investigative and
management advisory services for the
DIGI, ensuring that the DIGI is briefed
on all complex, sensitive and precedentsetting program and administrative
issues that may significantly impact on
OI management and the investigative
program nationwide. The Immediate
Office coordinates special
investigations, studies and analyses
with respect to OIG responsibilities and
serves as liaison with other Federal,
State and local agencies.
B. Investigative Operations
The Assistant Inspector General for
Investigative Operations, who
supervises a headquarters staff and the
Special Agents in Charge, directs this
office.
1. The headquarters staff assists the
Deputy Inspector General for
Investigations in establishing
investigative priorities, evaluating the
progress of investigations, and reporting
to the Inspector General on the
effectiveness of investigative efforts. It
develops and implements investigative
techniques, programs, guidelines, and
policies. It provides programmatic
expertise and issues information on new
programs, regulations and statutes. It
directs and coordinates the investigative
regional offices.
2. The headquarters staff identifies
systemic and programmatic
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Federal Register / Vol. 70, No. 73 / Monday, April 18, 2005 / Notices
vulnerabilities in the Department’s
operations and makes recommendations
for change to the appropriate managers.
3. The office develops all derivative
mandatory and permissive program
exclusions, and ensures enforcement of
exclusions imposed through liaison
with CMS, DOJ and other governmental
and private sector entities. It is
responsible for developing, improving
and maintaining a comprehensive and
coordinated OIG database on all OIG
exclusion actions, and promptly and
accurately reports all exclusion actions
within its authority to the database. It
informs appropriate regulatory agencies,
health care providers and the general
public of all OIG exclusion actions, and
is responsible for improving public
access to information on these exclusion
actions to ensure that excluded
individuals and entities are effectively
barred from program participation.
4. The regional offices conduct
investigations of allegations of fraud,
waste, abuse, mismanagement and
violations of standards of conduct
within the jurisdiction of OIG in their
assigned geographic areas. They
coordinate investigations and confer
with HHS operating divisions, staff
divisions, OIG counterparts and other
investigative and law enforcement
agencies. They prepare investigative and
management improvement reports.
5. The office directs and manages
extremely sensitive and complex
investigations into alleged misconduct
by OIG and Department employees, as
well as criminal investigations into
electronic and/or computer-related
violations.
C. Investigative Oversight and Support
This office is directed by the Assistant
Inspector General for Investigative
Oversight and Support, who performs
the general management functions of the
Office of Investigations.
1. This office manages the human and
financial resources of OI, including
developing staffing allocation plans and
issuing policy for coordination and
monitoring all budget, staffing and
recruiting.
2. This office plans, develops,
implements and evaluates all levels of
employee training for investigators,
managers, support staff and other
personnel. It oversees a law enforcement
techniques and equipment program.
3. This office coordinates the general
management processes, and implements
policies and procedures published in
the OIG Administrative Manual and
elsewhere. It also coordinates a national
inspection program to ensure
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16:08 Apr 15, 2005
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compliance with the Federal Managers
Financial Integrity Act, the President’s
Council on Integrity and Efficiency, and
Attorney General guidelines.
4. The office coordinates with the
other OIG components in developing
the Work Plan and provides input to the
Office of Inspector General Semiannual
Report to the Congress.
5. The staff provides for the personal
protection of the Secretary.
6. The office maintains an automated
data and management information
system used by all OI managers and
investigators. It provides technical
expertise on computer applications for
investigations and coordinates and
approves investigative computer
matches with other agencies.
7. The office operates a toll-free
hotline for OIG to permit individuals to
call in suspected fraud, waste, or abuse;
refers the calls for appropriate action by
HHS agencies or other OIG components;
and analyzes the body of calls to
identify trends and patterns of fraud and
abuse needing attention.
8. The office promotes and
coordinates the adoption of advanced
information technology forensics in the
prevention and detection of fraud and
provides general and specific
coordination of programs to retrieve and
analyze computer-based forensic
evidence.
Dated: March 23, 2005.
Daniel R. Levinson,
Acting Inspector General.
[FR Doc. 05–7612 Filed 4–15–05; 8:45 am]
BILLING CODE 4152–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Substance Abuse and Mental Health
Services Administration
Agency Information Collection
Activities: Proposed Collection;
Comment Request
In compliance with Section
3506(c)(2)(A) of the Paperwork
Reduction Act of 1995 concerning
opportunity for public comment on
proposed collections of information, the
Substance Abuse and Mental Health
Services Administration will publish
periodic summaries of proposed
projects. To request more information
on the proposed projects or to obtain a
copy of the information collection
plans, call the SAMHSA Reports
Clearance Officer on (240) 276–1243.
Comments are invited on: (a) Whether
the proposed collections of information
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are necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the proposed collection
of information; (c) ways to enhance the
quality, utility, and clarity of the
information to be collected; and (d)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
Proposed Project: The Evaluation of
Networking Suicide Prevention
Hotlines Follow-Up Assessment—NEW
The Substance Abuse and Mental
Health Services Administration’s
(SAMHSA), Center for Mental Health
Services has funded a National Suicide
Prevention Lifeline Network, consisting
of a single toll-free telephone number
that routes calls from anywhere in the
United States to a network of local crisis
centers. In turn, the local centers link
callers to local emergency, mental
health, and social service resources.
With input from multiple experts in
the field of suicide prevention, the
project created a telephone interview
survey to collect data on follow-up
assessments of consenting individuals
calling the Lifeline network. The
‘‘Evaluation of Networking Suicide
Prevention Hotlines Follow-Up
Assessment’’ will provide an empirical
evaluation of crisis hotline services,
necessary to optimize public health
efforts to prevent suicidal behavior.
Three hundred and sixty callers will
be recruited from seven of the
approximately 100 crisis hotline centers
that participate in the Lifeline network.
Trained crisis workers will conduct the
follow-up telephone assessment (‘‘Crisis
Hotline Telephone Followup
Assessment’’) within one month of the
initial call. Assessments will be
conducted only one time for each client.
Strict measures to ensure confidentiality
will be followed.
The resulting data will measure (1)
suicide risk status at the time of and
since the call, (2) depressive symptoms
at follow-up, (3) service utilization since
the call, (4) barriers to service access,
and (5) the client’s perception of the
efficacy of the hotline intervention. The
estimated annual response burden to
collect this information is as follows:
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Agencies
[Federal Register Volume 70, Number 73 (Monday, April 18, 2005)]
[Notices]
[Pages 20147-20152]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7612]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of Inspector General
Statement of Organization, Functions, and Delegations of
Authority
This notice amends Part A (Office of the Secretary) of the
Statement of Organization, Functions, and Delegations of Authority for
the Department of Health and Human Services (HHS) to reflect a
realignment of functions and responsibilities within the Office of
Inspector General (OIG). The statement of organization, functions, and
delegations of authority conforms to and carries out the statutory
requirements for operating OIG. Chapter AF was last published in its
entirety on July 2, 2004.
The realignment of functions and responsibilities within OIG has
been done to allow greater staff flexibility and to better reflect the
current work environment and priorities within the organization. In
addition, this notice sets forth a number of technical changes in
Chapter AF that serve to update references to office titles and
statutory authorities.
As amended, Chapter AF now reads as follows:
Section AF.00, Office of Inspector General--Mission
The Office of Inspector General (OIG) was established by law as an
independent and objective oversight unit of the Department to carry out
the mission of promoting economy, efficiency and effectiveness through
the elimination of waste, abuse and fraud. In furtherance of this
mission, the organization:
A. Conducts and supervises audits, investigations, inspections and
evaluations relating to HHS programs and operations.
B. Identifies systemic weaknesses giving rise to opportunities for
fraud and abuse in HHS programs and operations and makes
recommendations to prevent their recurrence.
C. Leads and coordinates activities to prevent and detect fraud and
abuse in HHS programs and operations.
D. Detects wrongdoers and abusers of HHS programs and beneficiaries
so appropriate remedies may be brought to bear.
E. Keeps the Secretary and the Congress fully and currently
informed about problems and deficiencies in the administration of HHS
programs and operations and about the need for and progress of
corrective action, including imposing sanctions against providers of
health care under Medicare and Medicaid who commit certain prohibited
acts.
In support of its mission, OIG carries out and maintains an
internal quality assurance system and a peer review system with other
Offices of Inspectors General, including periodic quality assessment
studies and quality control reviews, to provide reasonable assurance
that applicable laws, regulations, policies, procedures, standards, and
other requirements are followed, are effective, and are functioning as
intended in OIG operations.
Section AF.10, Office of Inspector General--Organization
There is at the head of OIG a statutory Inspector General,
appointed by the President and confirmed by the Senate. This office
consists of six organizational units:
A. Immediate Office of the Inspector General (AFA)
B. Office of Management and Policy (AFC)
C. Office of Evaluation and Inspections (AFE)
D. Office of Counsel to the Inspector General (AFG)
E. Office of Audit Services (AFH)
F. Office of Investigations (AFJ)
Section AF.20, Office of Inspector General--Functions
The component sections that follow describe the specific functions
of the organization.
Section AFA.00, Immediate Office of the Inspector General--Mission
The Immediate Office of the Inspector General (IOIG) is directly
responsible for meeting the statutory mission of OIG as a whole and for
promoting effective OIG internal quality assurance systems, including
quality assessment studies and quality control reviews of OIG processes
and products. The office also plans, conducts and participates in a
variety of interagency cooperative projects and undertakings relating
to fraud and abuse with the Department of Justice (DOJ), the Centers
for Medicare & Medicaid Services (CMS) and other governmental agencies,
and is responsible for the reporting and legislative and regulatory
review functions required by the Inspector General Act.
Section AFA.10, Immediate Office of the Inspector General--Organization
IOIG is comprised of the Inspector General, the Principal Deputy
Inspector General and an immediate office staff, including the Office
of External Affairs.
Section AFA.20, Immediate Office of the Inspector General--Functions
As the senior official of the organization, the Inspector General
supervises the Chief Counsel to the Inspector General and the Deputy
Inspectors General, who head the major OIG components. The Inspector
General is appointed by the President, with the advice and consent of
the Senate, and reports to and is under the general supervision of the
Secretary or, to the extent such authority is delegated, the Deputy
Secretary, but does not report to and is not subject to supervision by
any other officer in the Department. In keeping with the independence
conferred by the Inspector General Act, the Inspector General assumes
and exercises, through line management, all functional authorities
related to the administration and management of OIG and all mission-
related authorities stated or implied in the law or delegated directly
from the Secretary.
[[Page 20148]]
The Inspector General provides executive leadership to the
organization and exercises general supervision over the personnel and
functions of its major components. The Inspector General determines the
budget needs of OIG, sets OIG policies and priorities, oversees OIG
operations and provides reports to the Secretary and the Congress. By
statute, the Inspector General exercises general personnel authority,
e.g., selection, promotion, and assignment of employees, including
members of the senior executive service. The Inspector General
delegates related authorities as appropriate.
The Principal Deputy Inspector General assists the Inspector
General in the management of OIG, and during the absence of the
Inspector General, acts as the Inspector General.
The Office of External Affairs is comprised of three components--
Public Affairs, Legislative and Regulatory Affairs, and the Executive
Secretariat. The office conducts and coordinates reviews of existing
and proposed legislation and regulations related to HHS programs and
operations to identify their impact on economy and efficiency and their
potential for fraud and abuse. It serves as the contact for the press
and electronic media and serves as OIG congressional liaison. The
office prepares or coordinates congressional testimony and confers with
officials in the Office of the Secretary staff divisions on
congressional relations, legislation and public affairs. The office
coordinates the distribution of all legislatively-mandated reports to
the Congress. It develops and publishes OIG newsletters and other
issuances to announce and promote OIG activities and accomplishments.
The office has primary responsibility for developing and promulgating
all OIG regulations for codification into the Code of Federal
Regulations, and for preparing all OIG related notices and other
documents for Federal Register publication. The office also serves as
OIG liaison to the Office of the Secretary for Freedom of Information
and Privacy Act requests.
Section AFC.00, Office of Management and Policy--Mission
The Office of Management and Policy (OMP) provides mission support
services to the Inspector General and other components. The office
formulates and executes the budget, develops functional policies for
the general management of OIG, and manages information technology
resources.
In support of its mission, the office carries out and maintains an
internal quality assurance system. The system includes quality control
reviews of OMP processes and products to ensure that policies and
procedures are followed effectively and function as intended.
Section AFC.10, Office of Management and Policy--Organization
The office is directed by the Deputy Inspector General for
Management and Policy and the Assistant Inspector General for
Information Technology. The office is comprised of the following
components:
A. Budget Operations
B. Information Technology
C. Policy, Planning and Performance
Section AFC.20, Office of Management and Policy--Functions
A. Budget Operations
The office formulates and oversees the execution of the budget and
confers with the Office of the Secretary, the Office of Management and
Budget, and the Congress on budget issues. It issues quarterly grants
to States for Medicaid Fraud Control Units.
B. Information Technology
The office is responsible for information resources management
(IRM), as defined by the Paperwork Reduction Act, OMB Circular A-130,
the Federal Information Resources Management regulations, the Computer
Security Act of 1987, the Clinger-Cohen Act, the Federal Information
Security Management Act of 2002, HHS IRM Circulars, and by related
guidance. The office also provides nationwide information technology
support to OIG through management of its local area networks, provision
of computer end-user and direct mission information technology (IT)
support, maintenance of OIG information systems, and safeguarding
sensitive information and IT resources. The Assistant Inspector General
for Information Technology, who reports to the Inspector General
through the Deputy Inspector General for Management and Policy, serves
as Chief Information Officer.
C. Policy, Planning and Performance
This office coordinates the development of the work planning
process, including strategic long-range planning, tactical planning and
the annual work plan coordination and production. It compiles the
Office of Inspector General Semiannual Report to the Congress. It is
responsible for overseeing emergency operations and national security
classification policy, and for coordinating updates of the Red Book,
which addresses unimplemented OIG recommendations to reduce fraud,
waste and abuse. The office also conducts management studies and
analyzes and establishes and coordinates general management policies
for OIG and publishes those policies in the OIG Administrative Manual.
It serves as OIG liaison to the Office of the Secretary for personnel
issues and other administrative policies and practices, and on equal
employment opportunity and other civil rights matters. It coordinates
internal control reviews for OIG.
Section AFE.00, Office of Evaluation and Inspections--Mission
The Office of Evaluation and Inspections (OEI) is responsible for
conducting a comprehensive set of in-depth evaluations of HHS programs,
operations and processes to identify vulnerabilities, to prevent and
detect fraud, waste and abuse, and to promote efficiency and
effectiveness in HHS programs and operations.
Section AFE.10, Office of Evaluation and Inspections--Organization
This office is comprised of the following components:
A. Immediate Office
B. Policy and Oversight Division
C. Program Evaluations Division
D. Regional Operations
E. Technical Support Staff
Section AFE.20, Office of Evaluation and Inspections--Functions
A. Immediate Office of the Deputy Inspector General for OEI
This office is directed by the Deputy Inspector General for OEI
who, with the assistance of an Assistant Inspector General, is
responsible for carrying out OIG's evaluations mission and supervises
the Directors for Policy and Oversight, Program Evaluations, Regional
Operations, and Technical Support. This office is also responsible for
the oversight of the State Medicaid Fraud Control Units and for
certifying and recertifying these units and for auditing their Federal
funding.
B. Policy and Oversight
This office develops OEI's evaluation and inspection policies,
procedures and standards. It manages OEI's human and financial
resources; develops and monitors OEI's management information systems;
and conducts management reviews within the HHS/OIG and for other OIGs
upon request. The office carries out and maintains an internal quality
assurance system. The system includes quality assessment studies and
quality control reviews of OEI processes and products to ensure that
policies and
[[Page 20149]]
procedures are effective, followed, and functioning as intended.
C. Program Evaluations
This office manages OEI's work planning process, and develops and
reviews legislative, regulatory and program proposals to reduce
vulnerabilities to fraud, waste and mismanagement. It develops
evaluation techniques and coordinates projects with other OIG and
Departmental components. It provides programmatic expertise and
information on new programs, procedures, regulations and statutes to
OEI regional offices. It maintains liaison with other components in the
Department, follows up on implementation of corrective action
recommendations, evaluates the actions taken to resolve problems and
vulnerabilities identified, and provides additional data or corrective
action options, where appropriate.
D. Regional Operations
This office is responsible for OEI's mission in the field. The
regional offices conduct extensive evaluations of HHS programs and
produce the results in inspection reports. They conduct data and trend
analyses of major HHS initiatives to determine the effects of current
policies and practices on program efficiency and effectiveness. They
recommend changes in program policies, regulations and laws to improve
efficiency and effectiveness, and to prevent fraud, abuse, waste and
mismanagement. They analyze existing policies to evaluate options for
future policy, regulatory and legislative improvement.
E. Technical Support
This office provides statistical and database advice and services
for inspections conducted by the regional offices. It carries out
analyses of large databases to identify potential areas of fraud and
abuse and provides technical assistance to the regional offices for
these purposes.
Section AFG.00, Office of Counsel to the Inspector General--Mission
The Office of Counsel to the Inspector General (OCIG) is
responsible for providing all legal services and advice to the
Inspector General, Principal Deputy Inspector General and all the
subordinate components of the Office of Inspector General, in
connection with OIG operations and administration, OIG fraud and abuse
enforcement and compliance activities, and OIG activities designed to
promote efficiency and economy in the Department's programs and
operations. OCIG is also responsible for proposing and litigating civil
money penalty (CMP) and program exclusion cases within the jurisdiction
of OIG, for coordinating False Claims Act and criminal, civil and
administrative fraud and abuse law enforcement matters, and for
resolving voluntary disclosure cases. OCIG develops guidance to assist
providers in establishing compliance programs; monitors ongoing
compliance of providers subject to integrity agreements; and promotes
industry awareness through the issuance of advisory opinions, fraud
alerts, and special advisory bulletins.
Section AFG.10, Office of Counsel to the Inspector General--
Organization
The office is directed by the Chief Counsel to the Inspector
General and the Assistant Inspector General for Legal Affairs. The
office is comprised of the following components:
A. Advice
B. Administrative and Civil Remedies
C. Industry Guidance
Section AFG.20, Office of Counsel to the Inspector General--Functions
A. Advice
This office provides legal advice to the various components of OIG
on issues that arise in the exercise of OIG's responsibilities under
the Inspector General Act of 1978. Such issues include the scope and
exercise of the Inspector General's authorities and responsibilities;
investigative techniques and procedures (including criminal procedure);
the sufficiency and impact of legislative proposals affecting OIG; and
the conduct and resolution of investigations, audits and inspections.
The office evaluates the legal sufficiency of OIG recommendations and
develops formal legal opinions to support these recommendations. When
appropriate, the office coordinates formal legal opinions with the HHS
Office of the General Counsel. The office provides legal advice on OIG
internal administration and operations, including appropriations,
delegations of authority, OIG regulations, personnel matters, the
disclosure of information under the Freedom of Information Act, and the
safeguarding of information under the Privacy Act. The office provides
advice and guidance on Government ethics and assists the Chief Counsel
in his/her role as OIG's Deputy Ethics Officer. The office is
responsible for conducting and coordinating litigation activities on
personnel and Equal Employment Opportunity matters and Federal tort
actions involving OIG employees. The office is responsible for the
clearance and enforcement of subpoenas issued by OIG, and defends OIG
in litigation matters as necessary.
B. Administrative and Civil Remedies
1. This office is responsible for determining whether to propose or
implement administrative sanctions, including CMPs within the
jurisdiction of OIG, assessments, and program exclusions. The office,
in conjunction with the Office of Investigations (OI), effectuates all
mandatory and permissive exclusions from participation in Federal
health care programs under the Social Security Act; decides on all
requests for reinstatement from, or waiver of, exclusions; and
participates in developing standards governing the imposition of these
exclusion authorities. The office litigates appeals of program
exclusions before the Departmental Appeals Board and assists DOJ in
handling any subsequent appeals of such cases to the Federal courts.
2. The office reviews all cases referred by CMS under the patient
anti-dumping authority of the Social Security Act and, where
appropriate, proposes and litigates CMPs with respect to hospitals, and
CMPs and program exclusions with respect to physicians, for violations
of the patient anti-dumping statute.
3. The office proposes and litigates CMPs, assessments and program
exclusions under the CMP law and other CMP authorities delegated to
OIG.
4. In coordination with DOJ, the office handles all False Claims
Act cases, including qui tam cases, and is responsible for final sign-
off on False Claims Act settlements for the Department, including the
resolution of the CMP and program exclusion authorities that have been
delegated to OIG. It participates in settlement negotiations and
provides litigation support. The office, in conjunction with OI,
coordinates resolution of all voluntary disclosure cases, both under
the OIG Self-Disclosure Protocol and otherwise, through: liaison
activities with DOJ and U.S. Attorneys offices; the disclosure
verification efforts of the Office of Audit Services (OAS) and OI; and
final disposition and sign-off of the matter. The office is responsible
for developing and maintaining a comprehensive and coordinated database
on all settled and pending False Claims Act, CMP, and exclusion cases
under its authority.
5. The office also develops and monitors corporate and provider
integrity programs adopted as part of settlement agreements, conducts
on-site reviews, and develops audit and investigative review standards
for monitoring such plans in cooperation
[[Page 20150]]
with other OIG components. The office resolves breaches of integrity
agreements through the development of corrective action plans and
through the imposition of sanctions.
C. Industry Guidance
This office is responsible for drafting and issuing advisory
opinions to the health care industry and members of the public on
whether an activity (or proposed activity) would constitute grounds for
the imposition of a sanction under the anti-kickback statute, the CMP
law or the program exclusion authorities, and on other issues
pertaining to the anti-kickback statute. The office develops and
updates procedures for the submission of requests for advisory opinions
and for determining the fees that will be imposed. The office solicits
and responds to proposals for new regulatory safe harbors to the anti-
kickback statute, modifications to existing safe harbors, and new fraud
alerts. The office consults with DOJ on all proposed advisory opinions
and safe harbors before issuance or publication. The office provides
legal advice to the various components of OIG, other offices of the
Department, and DOJ concerning matters involving the interpretation of
the anti-kickback statute and other legal authorities, and assists
those components or offices in analyzing the applicability of the anti-
kickback statute to various practices or activities under review.
Section AFH.00, Office of Audit Services--Mission
The Office of Audit Services (OAS) provides policy direction for
and conducts and oversees comprehensive audits of HHS programs,
operations, grantees and contractors, following generally accepted
government auditing standards (GAGAS), the Single Audit Act of 1984,
applicable Office of Management and Budget (OMB) circulars and other
legal, regulatory and administrative requirements. This includes
investigative audit work performed in conjunction with other OIG
components. The office maintains an internal quality assurance system,
including periodic quality assessment studies and quality control
reviews, to provide reasonable assurance that applicable laws,
regulations, policies, procedures, standards and other requirements are
followed in all audit activities performed for, or on behalf of, the
Department. In furtherance of this mission, the organization engages in
a number of activities:
A. The office coordinates and confers with officials of the central
Federal management agencies (OMB, the Government Accountability Office
(GAO), the Office of Personnel Management (OPM) and the Department of
the Treasury) on audit matters involving HHS programs and operations.
It provides technical assistance to Federal, State and local
investigative offices on matters involving HHS programs and operations.
It participates in interagency efforts implementing OMB Circular 133,
which calls for use of the single audit concept for most external
audits, as well as reviews the quality of those audits as they pertain
to HHS oversight responsibilities. It performs audits of activities
administered by other Federal departments, following the system of
audit cognizance administered by OMB. It participates in the
President's Council on Integrity and Efficiency (PCIE) initiatives and
other governmentwide projects; works with other OIG components on
special assignments and projects; and responds to congressional
oversight interests related to audit matters in the Department.
B. The office provides comprehensive audit services to HHS
operating divisions (OPDIVs) and the Office of the Secretary staff
divisions (STAFFDIVs) in their development of program policies and
management of grants and procurement and in their establishment of
indirect cost rates. The office also performs pre-award audits of grant
or contract proposals to determine the financial capability of the
grantees or contractors and conducts post-award audits.
C. The office reviews legislative, regulatory and policy proposals
for audit implications. It recommends improvements in the
accountability and integrity features of legislation, regulations and
policy. It prepares reports of audits and special studies for the
Secretary, heads of HHS OPDIVs, regional directors and others. It
gathers data on unresolved audit findings for the statutorily required
semiannual reports to the Congress and reconciles resolution data with
the Department OPDIVs as required by the Inspector General Act of 1978,
as amended by Inspector General Act Amendments of 1988 (Public Law 100-
504). It conducts follow-up examinations and special analyses of
actions taken on previously reported audit findings and recommendations
to ensure completeness and propriety. The office provides input to the
Office of Inspector General Semiannual Report to the Congress and
produces summaries for both (1) the Orange Book--a summary of
unimplemented program and management improvements recommended--and (2)
the Red Book--a summary of significant monetary recommendations not yet
implemented.
D. The office serves as the focal point for all financial
management audit activity within the Department and acts as the primary
liaison between the OIG and Departmental management. It also provides
overall leadership and direction in carrying out the responsibilities
mandated under the Chief Financial Officers Act relating to financial
statement audits.
Section AFH.10, Office of Audit Services--Organization
The office is comprised of the following components:
A. Immediate Office
B. Financial Management and Regional Operations
C. Centers for Medicare and Medicaid Services Audits
D. Grants and Internal Activities Audits
E. Audit Management, Policy, and Information Technology Audits
Section AFH.20, Office of Audit Services--Functions
A. Immediate Office of the Deputy Inspector General for Audit Services
This office is directed by the Deputy Inspector General for Audit
Services who carries out the functions designated in the law (section
3(d)(1) of the Inspector General Act) for the position, Assistant
Inspector General for Auditing. The Deputy Inspector General for Audit
Services is responsible to the Inspector General for carrying out OIG's
audit mission and supervises the Assistant Inspectors General heading
OAS offices described below.
B. Financial Management and Regional Operations
This office is directed by the Assistant Inspector General for
Financial Management and Regional Operations. In addition to directing
this office, the Assistant Inspector General supervises the eight
Regional Inspectors General for Audit Services. The office's principal
functions include the direct-line responsibility for audits of
financial statements and financial statement-related audits, including
internal audits of functional areas within the Department, and
directing field audit operations.
1. The office serves as the focal point for all financial statement
and financial statement-related audit activity within the Department
and serves as the primary liaison between OIG and departmental
management with respect to those audits.
2. The office provides oversight for audits of governments,
universities and
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nonprofit organizations conducted by nonfederal auditors (external
audit resources) and those under contract with OIG.
3. The office maintains an internal quality assurance system that
provides reasonable assurance that applicable laws, regulations,
policies, procedures, standards and other requirements are followed in
all financial management audit activities performed by the office, or
on behalf of the Department.
C. Centers for Medicare and Medicaid Services Audits
This office is directed by the Assistant Inspector General for
Centers for Medicare and Medicaid Services Audits. The office conducts
audits of CMS program operations and oversees nationwide the audits of
the Medicare and Medicaid programs, their contractors, and providers of
services and products. It maintains an internal quality assurance
system to provide reasonable assurance that applicable laws,
regulations, policies, procedures, standards and other requirements are
followed in all CMS audit activities performed by, or on behalf of, the
Department.
D. Grants and Internal Activities Audits
This office is directed by the Assistant Inspector General for
Grants and Internal Activities Audits. The office conducts and oversees
audits of the operations and programs of the Administration for
Children and Families, the Administration on Aging, and the Public
Health programs, as well as Statewide cost allocation plans. It
maintains an internal quality assurance system, including periodic
quality control reviews, to provide reasonable assurance that
applicable laws, regulations, policies, procedures, standards and other
requirements are followed in its audit activities.
E. Audit Management, Policy, and Information Technology Audits
This office is directed by the Assistant Inspector General for
Audit Management and Policy. The office manages the human and financial
resources of OAS, including developing staffing allocation plans and
issuing policy for, coordinating and monitoring all budget, staffing,
recruiting, and training activities of the office. It maintains a
professional development program for office staff, which meets the
requirements of Government auditing standards. The office evaluates
audit work, including performing quality control reviews of audit
reports, and coordinates the development of and monitors audit work
plans. It operates and maintains an OAS-wide quality assurance program
that includes the conduct of periodic quality control reviews. It
develops audit policy, procedures, standards, criteria and instructions
to be followed by OAS staff in conducting audits of departmental
programs, grants, contracts or operations. Such policy is developed in
accordance with GAGAS and other legal, regulatory and administrative
requirements. The office tracks, monitors and reports on audit
resolution and follow-up in accordance with OMB Circular A-50, ``Audit
Follow-up,'' and the 1988 Inspector General Act Amendments. The office
coordinates with other OIG divisions in developing input to the Office
of Inspector General Annual Work Plan, to the Office of Inspector
General's Orange and Red Books, and to the Office of Inspector General
Semiannual Report to the Congress. The office reviews the design,
development and maintenance of Department computer-based systems
through the conduct of comprehensive audits of general and application
controls in accordance with GAO's Federal Information System Controls
Audit Manual and develops and applies advanced computer-based audit
techniques for use in detecting fraud, waste and abuse in HHS programs.
Section AFJ.00, Office of Investigations--Mission
The Office of Investigations (OI) is responsible for conducting and
coordinating investigative activities related to fraud, waste, abuse
and mismanagement in HHS programs and operations, including wrongdoing
by applicants, grantees, and contractors, or by HHS employees in the
performance of their official duties. It serves as OIG liaison to DOJ
on all matters relating to investigations of HHS programs and
personnel, and reports to the Attorney General when OIG has reasonable
grounds to believe Federal criminal law has been violated. The office
serves as a liaison to CMS, State licensing boards, and other outside
organizations and entities with regard to exclusion, compliance and
enforcement activities. It works with other investigative agencies and
organizations on special projects and assignments. In support of its
mission, the office carries out and maintains an internal quality
assurance system. The system includes quality assessment studies and
quality control reviews of OI processes and products to ensure that
policies and procedures are followed effectively, and are functioning
as intended.
Section AFJ.10, Office of Investigations--Organization
This office is comprised of the following components:
A. Immediate Office
B. Investigative Operations
C. Investigative Oversight and Support
Section AFJ.20, Office of Investigations--Functions
A. Immediate Office of the Deputy Inspector General for Investigations
This office is directed by the Deputy Inspector General for
Investigations (DIGI), who is responsible for the functions designated
in the law for the position Assistant Inspector General for
Investigations. The DIGI supervises the Assistant Inspector General for
Investigative Operations and the Assistant Inspector General for
Investigative Oversight and Support, who head the offices described
below.
The DIGI is responsible to the Inspector General for carrying out
the investigative mission of OIG and for leading and providing general
supervision to the OIG investigative component. The Immediate Office
provides broad guidance and instruction to staff and serves as the
focal point for interaction within OIG. The Immediate Office handles
all investigative and management advisory services for the DIGI,
ensuring that the DIGI is briefed on all complex, sensitive and
precedent-setting program and administrative issues that may
significantly impact on OI management and the investigative program
nationwide. The Immediate Office coordinates special investigations,
studies and analyses with respect to OIG responsibilities and serves as
liaison with other Federal, State and local agencies.
B. Investigative Operations
The Assistant Inspector General for Investigative Operations, who
supervises a headquarters staff and the Special Agents in Charge,
directs this office.
1. The headquarters staff assists the Deputy Inspector General for
Investigations in establishing investigative priorities, evaluating the
progress of investigations, and reporting to the Inspector General on
the effectiveness of investigative efforts. It develops and implements
investigative techniques, programs, guidelines, and policies. It
provides programmatic expertise and issues information on new programs,
regulations and statutes. It directs and coordinates the investigative
regional offices.
2. The headquarters staff identifies systemic and programmatic
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vulnerabilities in the Department's operations and makes
recommendations for change to the appropriate managers.
3. The office develops all derivative mandatory and permissive
program exclusions, and ensures enforcement of exclusions imposed
through liaison with CMS, DOJ and other governmental and private sector
entities. It is responsible for developing, improving and maintaining a
comprehensive and coordinated OIG database on all OIG exclusion
actions, and promptly and accurately reports all exclusion actions
within its authority to the database. It informs appropriate regulatory
agencies, health care providers and the general public of all OIG
exclusion actions, and is responsible for improving public access to
information on these exclusion actions to ensure that excluded
individuals and entities are effectively barred from program
participation.
4. The regional offices conduct investigations of allegations of
fraud, waste, abuse, mismanagement and violations of standards of
conduct within the jurisdiction of OIG in their assigned geographic
areas. They coordinate investigations and confer with HHS operating
divisions, staff divisions, OIG counterparts and other investigative
and law enforcement agencies. They prepare investigative and management
improvement reports.
5. The office directs and manages extremely sensitive and complex
investigations into alleged misconduct by OIG and Department employees,
as well as criminal investigations into electronic and/or computer-
related violations.
C. Investigative Oversight and Support
This office is directed by the Assistant Inspector General for
Investigative Oversight and Support, who performs the general
management functions of the Office of Investigations.
1. This office manages the human and financial resources of OI,
including developing staffing allocation plans and issuing policy for
coordination and monitoring all budget, staffing and recruiting.
2. This office plans, develops, implements and evaluates all levels
of employee training for investigators, managers, support staff and
other personnel. It oversees a law enforcement techniques and equipment
program.
3. This office coordinates the general management processes, and
implements policies and procedures published in the OIG Administrative
Manual and elsewhere. It also coordinates a national inspection program
to ensure compliance with the Federal Managers Financial Integrity Act,
the President's Council on Integrity and Efficiency, and Attorney
General guidelines.
4. The office coordinates with the other OIG components in
developing the Work Plan and provides input to the Office of Inspector
General Semiannual Report to the Congress.
5. The staff provides for the personal protection of the Secretary.
6. The office maintains an automated data and management
information system used by all OI managers and investigators. It
provides technical expertise on computer applications for
investigations and coordinates and approves investigative computer
matches with other agencies.
7. The office operates a toll-free hotline for OIG to permit
individuals to call in suspected fraud, waste, or abuse; refers the
calls for appropriate action by HHS agencies or other OIG components;
and analyzes the body of calls to identify trends and patterns of fraud
and abuse needing attention.
8. The office promotes and coordinates the adoption of advanced
information technology forensics in the prevention and detection of
fraud and provides general and specific coordination of programs to
retrieve and analyze computer-based forensic evidence.
Dated: March 23, 2005.
Daniel R. Levinson,
Acting Inspector General.
[FR Doc. 05-7612 Filed 4-15-05; 8:45 am]
BILLING CODE 4152-01-P